Printing - FECA-PT2 - National Association of Letter Carriers

(1) Disappearance During a Period of Hostilities. The employing agency should advise
the date of disappearance; whether the employee disappeared while actively participating in
combat or under comparable conditions; whether the employee is accounted for as a
prisoner of war or as a parolee or internee; whether there has been any official or other
information concerning the employee's existence after the disappearance; and whether after
termination of hostilities or declaration of peace, any information has been received which
would rebut the inference of death arising from the facts. The claimant should advise
whether the family has received any information as to the employee's whereabouts
subsequent to the disappearance or after the restoration of normal conditions.
(2) All Other Disappearances. The employing agency should advise the date when the
employee was last seen; a full description of the particular circumstances leading up to and
resulting in the disappearance; and whether there has been any official or other information
concerning the employee after the disappearance. The claimant should advise whether the
family has received any information as to the employee's whereabouts subsequent to the
disappearance.
c. A finding of death shall be made, and the date of death determined, as soon as practicable
after the claim is filed, when the situation leaves little or no doubt that death occurred at the time
of disappearance. Where the facts lead to a reasonable presumption that the employee may have
escaped death, the determination should be deferred until enough time has elapsed to overcome
the presumption of survival. In cases coming within the scope of the Missing Persons Act, the
determination will not be made while the employee is being carried in a missing status.
2-0801-8 Special Circumstances
8. Special Circumstances. The purpose of this paragraph is to address determinations of timeliness in
unusual situations.
a. For a Minor. The time limitations do not begin to run until this person reaches the age of 21
or has had a legal representative appointed.
b. For an Incompetent Individual. The time limitations do not begin to run while this person is
incompetent and has no duly appointed legal representative. A determination of incompetence
must be based on probative medical evidence and must be consistent with other actions by the
claimant during the period in question (Paul S. Devlin, 39 ECAB 715).
c. For an injury or death occurring outside the United States between December 7, 1941 and
August 10, 1946. The time for giving notice and filing claim began to run on October 14, 1949.
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